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(영문) 대법원 2020.08.20 2019다293296
유류분반환 청구
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants’ Intervenor, and the remainder are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court rejected the Defendants and the Defendants’ Intervenor’ assertion that “each land listed in paragraphs 1, 2, and 3 of the List of Real Estate Attached to the original trial constitutes gold forest excluded from the deceased I’s inherited property, and the land listed in Paragraph 4 of the same Table, and apartment buildings listed in Paragraph 5 of the same Table are not the net I’s property but the assets of the Defendants’ Intervenor,” and included both the value of each of the above real property in the property subject to calculation of legal reserve, and rejected the Defendants and the Defendants’ Intervenor’ assertion

Examining the record in accordance with the relevant legal principles, the above judgment of the court below is just, and it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal principles on the determination criteria of gold-raising forest land, the res judicata effect or probative value of the decision of recommending a compromise, and inheritance by representation, as alleged in the grounds of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the Defendants’ Intervenor. The remainder is assessed against the Defendants. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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